MD Kalim Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

MD Kalim Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, upon surrender/arrest, be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, First Class, Dhanbad, subject to the conditions under section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Nirsa (Kalubathan) P.S. Case No. 309/2023 (S. 379 IPC; S. 4/21 Minor Mineral (Development and Regulation) Act; S. 9/13 Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017).

Court's answer

The petitioner being the owner of the Hywa, having no criminal antecedent, and not having been present on the spot, were the considerations weighing in favour of relief.

Ratio / Principle

In the attending facts and circumstances, the court was inclined to grant the privilege of anticipatory bail to the petitioner.

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks and, in the event of surrender/arrest, to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under section 438(2) CrPC.ratio¶11

Detailed headnote1 paragraphs

Anticipatory Bail Application (A.B.A. No. 331 of 2024) — High Court of Jharkhand, Ranchi (Sanjay Kumar Dwivedi, J., 06.03.2024) granted anticipatory bail to Md. Kalim Ansari, owner of a Hywa alleged to have been carrying 3 tons of coal, apprehending arrest in Nirsa (Kalubathan) P.S. Case No. 309/2023 registered under sections 379 IPC, section 4/21 of the Minor Mineral (Development and Regulation) Act and section 9/13 of the Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending before the Judicial Magistrate, First Class, Dhanbad. Relief rested on the petitioner owning the vehicle, having no criminal antecedent, and not being present on the spot. He was directed to surrender within three weeks; on surrender/arrest he is to be released on a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 331 of 2024

---- Md. Kalim Ansari .... Petitioner

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. M.B.Lal, Advocate For the State :- Mr. P.K.Chatterjee, Advocate ---2 /06.03.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The petitioner is apprehending his arrest in connection with Nirsa (Kalubathan) P.S.Case No.309/2023, for the offence registered under sections 379 IPC, section 4/21 of Minor Mineral (Development and Regulation) Act and section 9/13 of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, pending in the court of learned Judicial Magistrate, First Class, Dhanbad.

Learned counsel for the petitioner submits that the petitioner is owner of Hywa and the allegation is made that 3 ton coal was being carried in the said Hywa. He submits that the petitioner has got no criminal antecedent as stated in para-7 of the petition.

Learned State counsel opposed the prayer on the ground that illegally coal was being carried.

Considering that the petitioner is owner of Hywa and he has got no criminal antecedent and he was not present on the spot, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dhanbad, in connection with Nirsa (Kalubathan) P.S.Case No.309/2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/